Wednesday, September 20, 2023

New York's background checks on ammo sales off to a rough start

 

Buying ammunition used to be a relatively simple procedure in New York. You went into a gun store or other retailer, picked up what you wanted, paid for it, and walked out the door. Starting last week, however, all ammo sales must go through a background check conducted by the National Instant Check System with the New York State Police serving as a middleman between ammo sellers and the FBI’s background check system.

The new law not only makes it more expensive to purchase a gun and ammunition in the state (new background check fees on gun purchases add an additional $9 to each sale, while each background check for ammunition comes with a $2.50 surcharge), it’s causing massive delays for some buyers and headaches for firearm retailers, with some FFLs worried that customers will simply choose to shop out of state going forward.

Retailers aren’t just struggling behind the scenes. The background check process has proven to be unworkable for many customers, including the head of the New York Rifle & Pistol Association.

“The system isn’t working — they’re making mistakes,” said Tom King, executive director of the state Rifle and Pistol Association.

King said he was denied over the weekend when he filed an application for a background check to purchase .410 shotgun shells in Rensselaer County.

A person has 30 days to appeal if State Police deny the attempted sale, and police have 30 days to respond and explain the reason for the denial. Additional appeals are filed with the state attorney general’s office.

The length of appeal may vary based on the reason for denial, according to State Police.

“The New York State Police will continue to update the NYS NICS system in order to provide an accurate and timely response,” police said. “Again, while some transactions are processed immediately, others require more research.”

King, who’s had a pistol permit in the state for more than 40 years, is preparing to go through the appeal process. He cannot try to buy ammunition again until the appeals process concludes as the fall hunting season approaches.

“The only people that this is affecting is the lawful legal citizen in New York state,” King said Monday. “We’re the ones that are being discriminated against.”

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